Fair Wages for Home Care Workers Act
- Sponsor
- Rep. Ocasio-Cortez, Alexandria [D-NY-14]
- Committees
- Education and Workforce Committee (primary)
- Last action
- Mar 12, 2026
Bottom line
The bill ensures that home care workers, including home health aides and personal care aides, are guaranteed federal minimum wage and overtime pay by removing existing statutory exemptions.
What it actually does
This bill amends the Fair Labor Standards Act of 1938 (FLSA) to eliminate exemptions that currently exclude certain home care workers from federal minimum wage and overtime protections. Specifically, it narrows the domestic service exemption to apply only to casual babysitting services and repeals the exemption for companionship services, thereby extending full FLSA coverage to professional home care workers.
Proponents argue
Proponents argue that this bill rectifies a historical injustice by providing essential labor protections to a predominantly female and minority workforce that has been historically undervalued and underpaid. They contend it will improve the dignity of care work, reduce worker turnover, and attract more individuals to a critical and growing sector, ultimately enhancing the quality and stability of home care services.
Opponents contend
Opponents may argue that extending minimum wage and overtime protections will significantly increase the cost of home care, making it unaffordable for many families and individuals who rely on these services. They express concerns that increased costs could lead to reduced access to care, a shift towards less regulated informal care, or increased reliance on institutional settings, placing a greater burden on vulnerable populations.
The bill is very short and clear, allowing for quick comprehension of its direct impact and the policy changes it proposes.
Section 2(a)(1)
Narrowing the Domestic Service Exemption
This provision amends Section 13(a)(15) of the Fair Labor Standards Act of 1938. It replaces the existing broad exemption for 'casual basis in domestic service employment' and related provisions with a much narrower exemption that applies only to individuals providing 'babysitting services on a casual basis.' This change effectively removes the FLSA minimum wage and overtime exemptions for most domestic service employees, including home care workers.
Supporters argue
Supporters argue this ensures fair compensation and dignity for essential care workers, aligning their rights with other workers. It addresses a historical loophole that has disproportionately affected women and minorities, providing them with economic security.
Critics contend
Critics may argue that this will significantly increase the cost of home care, making it unaffordable for many families and potentially leading to a reduction in available care services or a shift to informal, unregulated care options.
Tradeoffs
This provision balances the goal of ensuring fair wages and labor protections for a critical workforce against concerns about the potential for increased costs to make home care less accessible or affordable for those who need it.
Section 2(a)(2)
Repealing Overtime Exemption for Companionship Services
This section explicitly repeals Section 13(b)(21) of the Fair Labor Standards Act. This repealed section previously exempted employees providing 'companionship services for individuals who because of age or infirmity are unable to care for themselves' from federal overtime pay requirements. Its removal means that home care workers providing companionship services will now be eligible for overtime pay for hours worked beyond the standard workweek.
Section 2(b)
Defining 'Babysitting Services' and 'Casual Basis'
This section adds new definitions to Section 3 of the FLSA. 'Babysitting services' is defined as custodial care for children in their private home, explicitly excluding services by trained personnel like nurses and home care workers (home health aides, personal care aides). 'Casual basis' for babysitting is defined as irregular or intermittent employment, not a vocation, and allows for up to 20% of time spent on household work not related to babysitting. These definitions are crucial for clearly delineating who remains exempt (casual babysitters) and who gains full FLSA protections (professional home care workers).